Bose Terms of Use

These Terms of Use (the “Terms”) are a legal agreement between you and Bose Corporation and its affiliated entities (collectively, “Bose,” “we,” “us,” and “our”). These Terms apply to Bose websites associated directly with Bose.ie (collectively, the “Websites”). By accessing, using, or interacting with the Websites, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Websites.

We may revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Websites after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.

You must be over the age of majority in your jurisdiction to use the Websites, unless your parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Websites. If you’re agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorised to do so. You cannot access or use the Websites if you are barred from using the Websites under applicable law or have previously been suspended or removed from the Websites.

As long as you remain in compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access, view, and use the Websites solely for your personal, non-commercial use and enjoyment of the Websites. Bose may revoke this licence at any time, in its sole discretion.

“Content” means all computer code, web pages, designs, text, art, audio, video, graphics, images, sounds, music, user interfaces, works of authorship of any kind, names, logos, trademarks, service marks, downloadable user guides and documentation, and information or other materials that are posted, generated, provided or otherwise made available through the Websites. The Websites and Content are protected by copyright, trademark, patent, trade secret, and other laws of the United States and foreign jurisdictions. Except as expressly provided in these Terms, Bose and its licensors exclusively own all right, title and interest in and to the Websites and Content, including all associated intellectual property rights.

You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Websites or Content. Any unauthorised use of any material contained on or through the Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You will not copy, reproduce, distribute, post, publish, upload, transmit, or encode any part of the Websites or Content to any computer server, third-party website, or other medium for commercial purposes, without Bose’s express prior consent.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Bose, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove User Content that is deemed to be infringing. Please see Bose’s Copyright Policy for further information.

For a full listing of Bose trademarks and trademark attributions of Bose and our third-party licensing partners, please see the Bose Trademark list.

You may be required to create an account to use parts of the Websites. To create an account, you may need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your information confidential. You may not transfer, sell, assign, or sublicense your account without our prior written approval. You are solely responsible for all usage or activity that occurs under your account, including, but not limited to, use of the Websites by any person who uses your account, with or without authorisation. You agree to immediately notify us of any unauthorised use or any other breach of security of your account. Bose will not be liable for losses incurred as a result of an unauthorised use of your account. Information submitted by you is governed according to the Bose Privacy Policy.

You may not use anyone else’s account without the express permission and consent of the holder of that account. Bose shall not be liable for losses or damages arising from your failure to comply with these obligations.

4.1 User Content.
You maintain sole responsibility for any Content that you submit, display, post, or otherwise make available through the Services (“User Content”), including any necessary third-party rights in the User Content. When you submit User Content, you grant Bose a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable licence to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for any purpose including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof).

We may, in our sole discretion, pre-screen User Content before its appearance on the Services, and may forbid or prevent you from posting, uploading, storing, sharing, sending, or displaying User Content to and via the Services at any time. We may, in our sole discretion, reject, move, edit, or remove any User Content that is submitted to the Services for any reason whatsoever, including without limitation User Content that violates these Terms. For further information, see the Acceptable use section below.

4.2 Reviews

4.3 Feedback. 
We will not consider any unsolicited submission of ideas and ask that you refrain from sending them to us. If, however, you choose to still submit your ideas in any form, whether in User Content or otherwise (“Feedback”), the following terms will apply:

In order to promote a safe and positive experience, the following conduct is strictly prohibited in connection with your access to and use of the Websites. Without limitation, you will not:

For information about our data practices, including our collection and use of your information, please see our Privacy Policy. Our Privacy Policy applies to your use of the Websites and is incorporated by reference into these Terms.

By using the Websites, you agree that we and those acting on our behalf may, in certain circumstances and with your consent, send you text (SMS) messages at the phone number you provided us in accordance with our SMS Terms of Use.

THE WEBSITES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOSE EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BOSE DOES NOT WARRANT THAT: (i) THE WEBSITES OR CONTENT ARE FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES OF THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE WEBSITES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOSE MAKES NO WARRANTY THAT BOSE WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE WEBSITES, AND BOSE RESERVES THE RIGHT TO MODIFY, UPDATE, OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE WEBSITES WITHOUT NOTICE OR LIABILITY TO YOU OR ANY THIRD PARTY. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE WEBSITES.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITES AND CONTENT REMAINS WITH YOU. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOSE OR ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITES OR CONTENT, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR WEBSITES), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR ANY CONTENT, OR ANY LINK OR CONNECTION PROVIDED BY THE WEBSITES, WHETHER OR NOT BOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.

IN ANY EVENT, BOSE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE WEBSITES WILL NOT EXCEED $100.

THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE  AGREEMENT BETWEEN BOSE AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, the limitations in this Section may not apply to you.

To the full extent permitted by law, you agree to indemnify, defend, and hold Bose and its respective officers, directors, employees, shareholders, and representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable lawyers’ fees and disbursements, in connection with or arising out of your use of the Websites or Content, your connection to the Websites, your exposure to Content or User Content, your violation of the Terms, your violation of an applicable law, your submission, posting, or transmission of User Content to the Websites, and/or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defence and control of such disputes, and in any event you will co-operate with us in asserting any available defences.

We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Websites at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Websites, these Terms will terminate and all rights you have to access the Websites will immediately terminate. Termination of your use or access to the Websites may also include, at Bose’s sole discretion, the deletion of your account and/or User Content, and you will not be able to retrieve any information related to your account except as required by applicable law.

These Terms and their subject matter, and any actions relating thereto, shall be construed in accordance with and governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of law principles. Any dispute arising out of these Terms or the use of the Websites shall be initiated and conducted in the state or federal courts of Middlesex County, Massachusetts, and you and Bose consent to the exclusive jurisdiction of such courts.

12.1 Force majeure. Under no circumstances will Bose be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

12.2 No waiver. If we fail to insist that you perform any obligations under these Terms or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.

12.3 Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

12.4 Third-party beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

12.5 Entire agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Bose, and supersede any prior and contemporaneous agreements between you and Bose on the subject matter.

12.6 No agency. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of Bose, or to bind Bose in any respect.

12.7 Headings. Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.

12.8 Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

12.9 Notices. We may deliver notice to you by email, posting a notice on the Websites, or any other method we choose, and such notice will be effective on dispatch.

12.10 Software licence information. Your use of Bose products is based on software licences and any other terms and conditions for the product. Agreement to the terms may be required to install or use Bose products. Software licences accompanying Bose products at the time of purchase may differ from this version of the End-User Licence Agreement. Please read terms accompanying Bose products prior to use.

If you have any questions about these Terms, please contact us. To contact us, please see our Contact us page.